If you’ve been in a serious car accident and seeking compensation from the other party, you may have discussed the possibility of a settlement. Recovering from a car accident can be stressful, but the auto accident settlement process does not have to be. Here are answers to some of the most frequently asked questions about settlements.
What Is an Auto Accident Settlement?
In law, a settlement is defined as the agreement that ends a dispute and includes the dismissal of the rest of the claims against the defendant. In a car accident case, it means you agree to accept a certain amount of money for your pain, suffering, and any other damage incurred. It means the lawsuit is over and you cannot change the terms later, even if you discover new injuries or other reasons you think you deserve more money.
The parties to the lawsuit—the plaintiff and defendant—must both agree to the terms of the settlement, usually on the advice of their attorneys. A settlement typically occurs in lieu of trial but can also take place later if terms of the settlement could not be reached prior to the beginning of the trial.
One or both parties may choose to settle a case rather than go to trial to avoid negative publicity. Terms of settlements are often kept confidential for this reason, either to avoid looking guilty, in the defendant’s case, or to keep the amount of money received under wraps, in the case of a successful plaintiff. The settlement process is useful to parties who want to resolve the matter and avoid messy, expensive litigation.
What Are the Steps in an Auto Accident Settlement Process?
Every case is unique and unfolds differently. Some claims settle without a lawsuit ever being filed, and some settle after a lawsuit is filed but before trial begins. If an insurance company offers to accept your claim and you begin the settlement negotiation process, the steps will roughly include:
- Gathering evidence after your accident
- Drafting and sending a demand letter to the defendant’s insurance company
- Waiting for the insurance company’s response
- Undergoing an initial review process
- Participating in the settlement negotiations
- Receiving a settlement check
If the insurance company denies your demand or their offer is so low you don’t think you’ll be able to negotiate an amount acceptable to you, then you may choose to file a lawsuit. Sometimes the threat of a jury trial will encourage insurance companies to settle on a higher amount, but it depends on how strong the evidence is in your case. If you do file a lawsuit, the parties will engage in discovery, or evidence gathering.
Settlements often take place after discovery but before going to trial, since both sides see the extent of the evidence against them and may be inclined to avoid trial. Still more settlements take place after trial begins, with either side holding out on a settlement agreement as long as possible for various reasons.
How Long Will the Auto Accident Settlement Process Take?
Understandably, plaintiffs want to know how long it will take to settle an accident claim. You may have medical bills piling up or be dealing with lost income from missing work due to the accident. How long should you expect the process to take?
The car accident settlement process takes slightly less than one year on average, with timelines ranging from a few months to two years. Settling quickly is appealing because you get paid faster, but it’s not always advantageous to settle quickly.
If you have bills piling up, getting any payout as fast as possible may be your priority. However, taking more time to calculate your damages, gather strong evidence, and draft the best demand letter or lawsuit possible could pay off in the end with a much higher payout. It comes down to the strength of your case and whether you’re willing to spend more time waiting for a potentially higher payout.
How Much Are Car Accident Settlement Payouts?
The answer to this question heavily depends on the facts of your case, and therefore can only be estimated by your attorney. The logical answer is that your payout should be roughly equal to the costs you’ve incurred, as the goal of compensatory damages is to put you in the same position you were in before the accident.
Calculating a payout based on medical bills and repair costs seems straightforward. But what about pain and suffering, lost wages, or punishment for wrongdoing on the part of the driver who is at fault? Those items are often subject to compensation but are more difficult to calculate. An experienced attorney will let you know what to expect.
Do I Need an Attorney for the Settlement Process?
You have the option to represent yourself in an insurance demand or lawsuit, but hiring an attorney is always a smart move. Since most personal injury attorneys get paid on a contingency fee, meaning they only take a portion of what you win, you won’t have to worry about paying out of pocket. Hiring a personal injury attorney for your car accident settlement will lessen the emotional burden of recovery and allow you to move on with your life more quickly.
What Do I Do If I Don’t Want the Low Car Accident Settlement That My Lawyer Wants Me to Take?
After a serious car accident, you’ll have plenty of things on your mind. Once you’ve sorted through the event’s immediate aftermath and sought medical treatment for your injuries, you’ll need to worry about getting your car repaired or purchasing a new one. This will probably require you to engage in a sustained exchange of information with your auto insurer’s claims department. Eventually, it may also necessitate a lengthy and stressful period of negotiations.
Depending upon its policies, your insurer may choose to pay off the body shop that repairs your vehicle. On the other hand, it may ask you to cover your repair costs and submit a detailed accounting of the charges to its claims department. In this case, your vehicle’s repair costs will become part of your “accident settlement.” If your vehicle was totaled in the accident, the resale value of the car will almost certainly be bundled into your settlement as well.
Unfortunately, your settlement can take weeks, months or even years to come. In many cases, this time frame is directly proportional to the total cost of the accident. If you sustained relatively minor injuries and property damage, your settlement check could come within just a few weeks. If your accident was more serious and necessitated a lengthy physical recovery, your settlement could be delayed by many months. The slow pace at which some medical institutions compile and issue their bills is usually the cause of this “holdup.”
However, financial disputes between you and your insurance company may also serve to delay the issuance of your settlement check. If you’re enrolled in an expensive program of physical therapy or claim to have suffered psychological damage as a result of your accident, your settlement may take years to arrive. Ironically, your settlement is likely to be further delayed by your decision to retain a lawyer. In addition, your lawyer may be willing to make unpleasant compromises in the service of expediency.
If your lawyer urges you to accept an expeditious but inadequate settlement, you may refuse to do so. If he or she presents the settlement as a “final offer” that isn’t likely to be repeated or exceeded, you have the right to bypass him or her and negotiate directly with your insurance company’s claims department. Since your lawyer may be working on multiple cases at once, this might actually speed the claims process along. However, your “fired” lawyer may still have the right to bill you for his or her services.
How to Get a Police Report for a Car Accident
The aftermath of a car accident can be exhausting. Once the dust settles and you’re away from the scene, it’s time to deal with paperwork. This is how to get a police report for a car accident, what you can expect, and the reasons you need one. The most common reason to obtain a report is to send it to your insurance company. All critical information such as contact and insurance for the other parties, diagrams of the accident, vehicle details, and date and location are contained in this one document
. These five tips can make the process clearer and easier for you.
Tip 1: There Is More Than One Way to Request Your Report
There are a few strategies for how to get a police report. For a car accident in which police respond to the scene, it is a good idea to get the officers’ names and badge numbers. This makes tracking down the report much easier later. You can access a report filed by a responding officer in the following ways.
Contact the Law Enforcement Office
Contact the appropriate law enforcement office to request your report. Whether the local police, county sheriff, or highway patrol respond depends on the jurisdiction. For example, state troopers may respond to accidents occurring on interstates and highways. The responding officer should give you instructions on how to find your report once it’s filed. If not, call or visit the appropriate police department. Additionally, many jurisdictions have simple online forms you can fill out to request your accident report.
Request a Copy from the Responding Officers
It is worth asking the responding officer if they have a carbon copy of the accident report available at the scene. This is unlikely as most jurisdictions charge a fee to access accident reports. If there is not a carbon copy available, the officer should provide you with a free report receipt, which you can reference to request the full report later from the appropriate law enforcement office.
Request a Copy from Your Insurance Agency
Usually, you are the one who obtains the report and sends it to the insurance company. Occasionally, however, your insurance company will collect the report, and you can request a copy from them. It’s worth asking your insurer since it could save you time and money.
Tip 2: Learn When Your Report Will Be Ready
Your instinct will likely be to track down the accident report as soon as possible, but it might not be ready. Some jurisdictions may not make the report available until, for example, at least 14 days after the accident. On the other hand, some jurisdictions limit how long you have to request your report before it’s no longer available. It may be possible to obtain a copy if you miss the deadline, but it will be more difficult. Check with the responding police officer or law enforcement office.
Tip 3: You May Have to File Your Own Report
You should get documentation even if the police weren’t called. Legal problems can arise even after the most minor fender-benders. Other parties can claim later that they were injured, or claim you were at fault even if you were not. A police report may protect you from liability for something you didn’t do, or from car accident fraud. You may wonder how to get a police report for a car accident when police officers did not respond to the scene. In that case, you would need to file your own accident report by visiting your closest Department of Motor Vehicles (DMV) location. You may have between 10 and 30 days to report an accident on your own, depending on your jurisdiction.
Tip 4: Only Certain People Can Request Your Report
Depending on the state, your accident report may only be available to you, your attorney, your insurance company, and the other parties to the accident. You will likely need to request the accident report yourself. Rules for how to get a police report for a car accident vary by state. Some reports become part of the public record after a certain amount of time. Even when records are technically public, they may still be behind a paywall or only available for certain purposes.
Tip 5: Try to Correct Any Errors on Your Report
Your accident report was created by another person, so it likely won’t be perfect. Review it closely and bring any errors to the attention of the law enforcement office, or ask if you can amend it to include missing information. This can shield you from liability that may arise from a mistake or omission in the report.
Have Questions About the Auto Accident Settlement Process?
The settlement process can seem daunting in the months after a car accident. Find your match with an experienced attorney who can guide you through the process.